Requests for Admission to Insurer

Pursuant to Code of Civil Procedure § 2033.010 et. seq, the demanding party identified above demands that the responding party identified above admit the truth of matters of fact, opinion relating to fact, or application of law to fact, serve a verified response to this request within 30 days from the date of service of this request.

Definitions:

“claim for a defense” means a first party claim by a policyholder to &InsCo& that it provide a defense to a policyholder in any third party liability claim or lawsuit.

dependent counsel” means licensed attorney(s) selected by &InsCo& who have a legal, business, financial, professional, or personal relationship with &InsCo&.

disqualifying conflict of interest” means a conflict of interest which creates a duty on &InsCo&’s part to provide independent counsel to its policyholder.

“independent counsel” means licensed attorney(s) selected and directed by a policyholder who have no legal, business, financial, professional, or personal relationship with &InsCo&.

“policyholder” means a person or entity that qualifies as an insured under a liability policy.

reservation of rights” means any communication by &InsCo& to its policyholder that it may deny coverage to the policyholder.

“reserves its rights” means that &InsCo& communicates to its policyholder any reservation of rights.

Request for Admission #1:

Admit that upon receiving a claim for a defense, &InsCo& has a duty to begin any necessary investigation of the claim within 15 calendar days.

Request for Admission #2:

Admit that upon receiving a claim for a defense, &InsCo& has a duty to accept or deny the claim for a defense in whole or in part within 40 calendar days.

Request for Admission #3:

Admit that upon receiving a claim for a defense, &InsCo& has a duty to complete its investigation within 40 calendar days.

Request for Admission #4:

Admit that upon receiving a claim for a defense, &InsCo& has a duty to communicate any reservation of rights within 40 calendar days.

Request for Admission #5:

Admit that &InsCo& has a duty to disclose to a policyholder all policy benefits that may apply to a claim for a defense.

Request for Admission #6:

Admit that when &InsCo& reserves its rights to deny coverage, it has a duty to provide its policyholder a written statement listing all bases, including all policy provisions, for such denial and the factual and legal bases for each reason given for such denial which is then within its knowledge, including an explanation of the application of each policy provision to the claim.

Request for Admission #7:

Admit that upon reserving its rights, &InsCo& has a duty to disclose that its policyholder has a right to independent counsel unless its reservation of rights creates no disqualifying conflict of interest.

Request for Admission #8:

Admit that &InsCo& has a duty to cooperate with its policyholder to determine the extent of &InsCo&’s liability for all policy benefits that may apply to a claim for a defense.

Request for Admission #9:

Admit that upon receiving any communication from a policyholder regarding a claim that reasonably suggests that a response is expected, &InsCo& has a duty to furnish the policyholder with a complete response based on the facts as then known by &InsCo within 15 calendar days.

Request for Admission #10:

Admit that &InsCo& has a duty to pay for independent counsel to represent its policyholder when its policy imposes a duty to defend and its reservation of rights creates a conflict of interest which creates a duty to provide independent counsel to its policyholder.

Request for Admission #11:

Admit that &InsCo& has a duty to provide independent counsel to its policyholder when its reservation of rights is not limited to grounds to later deny coverage that have nothing to do with the issues being litigated in an underlying liability lawsuit.

Request for Admission #12:

Admit that the provisions of Civil Code section 2860 do not apply unless the existence of a duty to defend and a disqualifying conflict of interest are established by a judicial determination or an unconditionally agreement.

Request for Admission #13:

Admit that &InsCo& has a duty to pay the full amount of independent counsel’s reasonable and necessary fees and costs within 40 calendar days if the provisions of Civil Code section 2860 do not apply.

Request for Admission #14:

Admit that &InsCo& has a duty to not delay or deny policyholder’s claim for a defense through independent counsel on the basis that responsibility for payment should be assumed by others.

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